Settlements on the Horizon: What to Expect Before Year-End
Here’s Your September Mass Tort Report update – by Attorney Jeff Keiser.
While nothing is set in stone, it feels like we may be heading toward some big news, potentially even before the year ends. Admittedly, I’ve been overly optimistic in the past (just ask anyone who knows me), but this time, the signs are clear—there’s momentum building in several key cases. Let’s dive in.
NEC Baby Formula Cases: A Tragic Battle for Justice
The NEC baby formula lawsuits stand out as some of the most tragic and emotionally charged cases I’ve encountered. These lawsuits involve infants who developed necrotizing enterocolitis (NEC) after consuming baby formula products such as Similac and Enfamil. NEC is a serious and often fatal condition that primarily affects premature babies, causing inflammation and damage to their intestines. The consequences are heart-wrenching.
From a legal perspective, these cases have seen some major breakthroughs in recent months. Since March, jury verdicts have been rolling in from the first state court trials, and the results are staggering. In Illinois, a jury awarded $60 million in damages, and in Missouri, the figure climbed to an eye-watering $495 million.
While the MDL has only 600 cases, there are many more being heard in state courts across the country. Four bellwether trials in the MDL are already on the schedule, and defendants are undoubtedly feeling the pressure. If these cases continue to return such large verdicts, it’s highly likely that defendants will push for a massive global settlement in 2025 to avoid further exposure. We may be on the cusp of seeing one of the largest settlements in recent memory. While it’s difficult work due to the tragic nature of these cases, there’s a real possibility for justice for the affected families, and one hell of a payday.
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Bard Hernia Mesh: A Settlement on the Brink?
In our last update, we discussed the strong signs that a Bard hernia mesh settlement was imminent, and although we’re still waiting for official confirmation, rumors are swirling that a deal is close. The word on the street is that this settlement could resolve as many as 30,000 cases, an impressive figure.
The most recent docket activity in this case was in July 2024, but since then, things have been quiet. While silence in litigation is often a sign of settlement negotiations happening behind closed doors, we’ll continue to watch for official details. One thing is for sure: if a settlement is announced, it will be cause for celebration for many plaintiffs and their attorneys alike. So, while we don’t have the final word yet, it might be time to prep the champagne.
Camp Lejeune Water Contamination: Patience is Key
Camp Lejeune is another major case that continues to draw attention, but with the filing deadline for new claims now behind us, the focus has shifted to how these claims will be resolved. There has been a huge surge in administrative claims—at the beginning of August, there were just over 300,000 claims. By today, that number has skyrocketed to nearly 550,000. While this may seem like a massive jump, it’s important to keep in mind that many of these claims are likely duplicates or unviable cases, brought forward due to the aggressive marketing around this litigation.
Unfortunately, the complexity of this case means we’re dealing with a large bureaucratic system. The Department of the Navy and the Judge Advocate General’s Corps are responsible for reviewing these claims, and progress has been slow. So far, the government has only paid out $23.4 million through the elective option, and not a single dollar has been paid for claims filed in the traditional manner.
Many claimants are facing an uphill battle, and for those whose claims remain unresolved after six months, filing in federal court becomes an option. However, this comes with its own set of risks, especially for weaker cases. The reality is that Camp Lejeune cases are going to take time. Patience and persistence are the keys here.
What’s Next? Keep an Eye on Dacthal
Everyone is always asking, “What’s the next big case?” As attorneys, we’re constantly on the lookout for emerging litigation opportunities, and while it’s hard to predict with certainty, there’s one potential case that’s starting to gain traction—Dacthal. If you haven’t heard of it, you’re not alone, but this weed killer is shaping up to be a major focus in 2025 and beyond.
Dacthal, manufactured by AMVAC, has recently come under scrutiny due to its potential links to long-term health issues. Last month, the EPA recently issued an emergency order, its first in half a century, pulling Dacthal from the market, citing serious health risks. The order specifically pointed to the dangers it poses to pregnant women and developing fetuses, noting that hormone disruption caused by Dacthal could lead to low birth weight and long-term impacts on children, including impaired brain development and motor skills.
With the EPA’s emergency order as a backdrop, it’s likely that litigation around Dacthal will ramp up in the coming months. As more people become aware of the health risks and connect their conditions to exposure to this chemical, we expect to see a wave of lawsuits.
The Road Ahead: Keep Your Eyes on the Prize
As we head into the final quarter of the year, it’s clear that the legal landscape is filled with opportunities for significant developments. Whether it’s the NEC baby formula cases, the Bard hernia mesh settlement, or the slow-moving but important Camp Lejeune claims, there’s plenty to watch. And with new cases like Dacthal starting to emerge, the future looks equally busy.
For those of you working on these (and other) cases, keep pushing. Chase those leads, sign those clients, and stay the course. Settlements are coming—it’s only a matter of time. We’ll be back with more updates in October, but until then, stay focused and let’s get to work!
Craig H. Alinder, Vice President